According to Mining News Pro - In Colombia, a mining title is required to explore and exploit minerals, and the Mining Code establishes that any exploitation carried out without a mining title is illegal. In accordance with this, the Criminal Code establishes the illicit exploitation of mining deposits as a crime. However, certain exploitations that can be carried out without title are excepted from this categorization, such as occasional mining, subsistence mining, artisanal mining and barequeo, activities that are allowed given the protection and legal recognition of them within the framework of their rooted in cultural, traditional and subsistence values.
Recognizing the existence not only of the so-called artisanal miners, but of another group of miners who, without fulfilling the conditions to be artisanal, exploit without title in the traditional sphere, several formalization mechanisms have been designed, with the purpose of granting these miners a legal title enabling exploitation and an environmental instrument. As a complement, there is the mining promotion policy, whose purpose is to comply with standards and the exercise of good practices for those who work with a title or are in the process of formalizing it. These policies have made it possible to expand the State's oversight scope from the technical, social, environmental and mining safety points of view.
The recent declarations of the Minister of Mines and Energy about the intention not to prosecute illegal mining raise concerns. On the one hand, there are already formalization mechanisms that have been working with positive results (although not enough), so continuing with this policy should be an objective of the administration, but the announcement can be interpreted as a decision by the State to refrain from acting. against all types of illegal mining, which would throw overboard the historical efforts of the authorities to combat an activity that is harmful to the environment, social dynamics and the national economy.
In Colombia there are not only small miners in the process of being formalized, there are illegal operations, which are not carried out on a small scale and are not related to subsistence needs, social inequalities or cultural traditions. Moreover, they are intensive in the use of yellow machinery, prohibited chemicals and supplies, and predatory procedures with the environment. This type of activity is outside the control of the State, of course it is not audited, it evades the entire tax burden, it does not meet environmental standards of any kind, it is not carried out under correct technical conditions, it is carried out in many cases in protected ecosystems such as parks natural reserves, reserve areas and moors, uses mercury, is not subject to any environmental legal framework, opposes any purpose of sustainable development. Additionally, in certain areas of the country this activity is carried out under the protection and under the control of armed groups outside the law, which finance their illicit activity, therefore combating it is necessary to attack a source of income for said groups.
Finally, the contradictions arising from these statements are not minor. One cannot speak of discouraging the extractive industry, protection of the environment, the need for resources for the State, and in the same sentence include that illegal mining will not be combated. Will legal mining then be combated? The one that generates the resources required by the State, generates jobs, is submitted to the legal system? It is urgent that the government clarify the declarations given, and define a line of action that is respectful of the existing legal framework and in accordance with the objectives of environmental, social and fiscal sustainability that the country requires.